Articles Posted in Massachusetts Hit and Run Accidents

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How Insurance Companies Value Personal Injury Cases

How insurance companies value personal injury casesAlthough no two insurance companies have the same approach, there are some common elements on how insurance companies value personal injury cases.  Here are some, but not all of them:

1) Is liability on the part of the insured person(s) or company clear, and if not, is there any liability at all? An example would be a a slip and fall accident claim.  The insurance adjuster will closely analyze and evaluate whether or not the insured could be considered negligent in causing, or contributing to the accident.

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Massachusetts Personal Injury Cases and Settlement Funding

This is a topic I deal with quite frequently when representing personal injury victims. Often, my clients will call me and tell me the accident they were involved in has financially harmed them so much, they are willing to take a loan out.  For example, suppose the client was riding a bicycle and was hit by a car.  The person may be really injured, racking up medical bills, and maybe lost wages, too.  Sometimes the client will see an ad on television from companies that provide funding to people injured in an accident and that have an open case pending with an insurance company.

The loan is typically financed by a pre-settlement funding company. When my clients ask me about this option, I try very hard to persuade them not to take out such a loan, because the interest rates can be very daunting.  Basically, the way it works is this: the pre-settlement funding company will closely analyze the client’s case, and loan application, and then decide whether or not the case is strong enough to guarantee the company will recoup their money, once the case settles.

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Millions of Americans have Medicare health insurance coverage.  Oftentimes however, when a Medicare beneficiary is involved in a personal injury event, dealing with Medicare can be a tedious and interminable process.

By law, Medicare has an automatic lien for any medical bills they paid out on your behalf in connection with medical treatment you received stemming from a personal injury case.  There is no way to avoid such a lien, and myself, and thousands of personal injury attorneys throughout America deal with the Medicare behemoth daily.

Therefore, if you have been injured in an accident in Massachusetts, or any other state, and you are a Medicare beneficiary, your attorney (or yourself if you are pro se) will have to work with Medicare to see to it that their lien is satisfied out of any settlement or verdict proceeds.  Because even if a case is concluded, Medicare can still pursue the beneficiary, and even the attorney, if Medicare discovers their lien was not satisfied.

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Absolutely.  The attorney/client relationship is based on a mutual and voluntary contractual relationship.  The client can exit the relationship at any time.  In fact, you are allowed to fire your Massachusetts personal lawyer at any time and you don't even need a reason for doing so.

I find that many people who call me and are interested in changing lawyers are doing so because they feel their lawyer is not communicating with them.  If your lawyer is not calling you back and/or not keeping you updated on your case, you have the right to change lawyers.  You may, however, be responsible for paying the lawyer back the expenses the lawyer put into the case. 

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Absolutely.  The attorney/client relationship is based on a mutual and voluntary contractual relationship.  The client can exit the relationship at any time.  In fact, you are allowed to fire your Massachusetts personal lawyer at any time and you don't even need a reason for doing so.

I find that many people who call me and are interested in changing lawyers are doing so because they feel their lawyer is not communicating with them.  If your lawyer is not calling you back and/or not keeping you updated on your case, you have the right to change lawyers.  You may, however, be responsible for paying the lawyer back the expenses the lawyer put into the case. 

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Each and every day Massachusetts auto insurance companies, upon learning of an auto accident in which they may have to pay out money damages, will send an insurance adjuster to the home of the injured party and attempt to have him/her sign a release.  The insurance adjuster shows up, big smile, and explains there is no need to get a lawyer.  Then, as is very common, the adjuster will offer some small money, maybe $500, maybe $1000, to the injury victim in order to settle the case as quickly as possible. 

This scenario gets me upset - and I see it all the time - because most people, after an accident, don't know their rights, unless he/she first speaks with an attorney.  The insurance adjuster know this, and capitalizes on it, in order to save the insurance company money (better for the insurance company to get rid of case fast before it has to pay out much more money when an attorney becomes involved in the case).

By signing a release without first speaking with an attorney basically guarantees that you are severely limiting your rights and potential compensation.  Do not sign ANYTHING the adjuster gives to you.  When the adjuster (still with the big smile) tells you there is no need to get a lawyer, tell him or her that you disagree.  End the meeting, and find a lawyer to consult with about your rights, should you be injured in a car accident in Massachusetts. 

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Each and every day Massachusetts auto insurance companies, upon learning of an auto accident in which they may have to pay out money damages, will send an insurance adjuster to the home of the injured party and attempt to have him/her sign a release.  The insurance adjuster shows up, big smile, and explains there is no need to get a lawyer.  Then, as is very common, the adjuster will offer some small money, maybe $500, maybe $1000, to the injury victim in order to settle the case as quickly as possible. 

This scenario gets me upset - and I see it all the time - because most people, after an accident, don't know their rights, unless he/she first speaks with an attorney.  The insurance adjuster know this, and capitalizes on it, in order to save the insurance company money (better for the insurance company to get rid of case fast before it has to pay out much more money when an attorney becomes involved in the case).

By signing a release without first speaking with an attorney basically guarantees that you are severely limiting your rights and potential compensation.  Do not sign ANYTHING the adjuster gives to you.  When the adjuster (still with the big smile) tells you there is no need to get a lawyer, tell him or her that you disagree.  End the meeting, and find a lawyer to consult with about your rights, should you be injured in a car accident in Massachusetts. 

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